johnwk
12-07-2010, 08:11 AM
SEE: Sharpton to meet with FCC in effort to censor Limbaugh (http://www.washingtontimes.com/blog/watercooler/2010/dec/7/sharpton-meet-fcc-effort-censor-limbaugh/)
"Rush Limbaugh has the right to say whatever he wants to say, he does not have the right, though, to do it on publicly regulated airwaves. The FCC has the responsibility to set standards," Sharpton added.
Let’s get one thing straight. They are not “public airwaves”. They are used by the public but are not “public airwaves” in the sense that Congress has been granted a power to regulate them. Congress has never been granted power to regulate radio transmissions, and until the people have given their consent under Article 5 of our Constitution, by which a power is intentionally granted to Congress to regulate the “airwaves”, Congress has no power to delegate authority to the FCC to meddle in the transmission of radio waves.
The limited powers of our federal government were summarized as follows:
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” FEDERALIST NO 45
And, these words were given force and effect by the adoption of our Constitution’s Tenth Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.
And if the above evidence is not sufficient our very own Supreme Court confirmed the defined and limited powers of our federal government:
“The government of the United States is of the latter description. The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing; if these limits may, at any time, be passed by those intended to be restrained? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act.
Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.
If the former part of the alternative be true, then a legislative act contrary to the constitution is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power in its own nature illimitable.
Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the constitution is void.” ____ MARBURY v. MADISON, 5 U.S. 137 (1803)
Sharpton and his PROGRESSIVE DOMESTIC ENEMY CROWD (http://cpc.grijalva.house.gov/index.cfm?ContentID=166&ParentID=0&SectionID=4&SectionTree=4&lnk=b&ItemID=164) need to start obeying our written Constitution or receive some well deserved PUNISHMENT (http://www.imageenvision.com/illustration/1775-the-bostonians-paying-the-exciseman-or-tarring-and-feathering-by-jvpd)
JWK
"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law (1858)
"Rush Limbaugh has the right to say whatever he wants to say, he does not have the right, though, to do it on publicly regulated airwaves. The FCC has the responsibility to set standards," Sharpton added.
Let’s get one thing straight. They are not “public airwaves”. They are used by the public but are not “public airwaves” in the sense that Congress has been granted a power to regulate them. Congress has never been granted power to regulate radio transmissions, and until the people have given their consent under Article 5 of our Constitution, by which a power is intentionally granted to Congress to regulate the “airwaves”, Congress has no power to delegate authority to the FCC to meddle in the transmission of radio waves.
The limited powers of our federal government were summarized as follows:
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” FEDERALIST NO 45
And, these words were given force and effect by the adoption of our Constitution’s Tenth Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.
And if the above evidence is not sufficient our very own Supreme Court confirmed the defined and limited powers of our federal government:
“The government of the United States is of the latter description. The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing; if these limits may, at any time, be passed by those intended to be restrained? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act.
Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.
If the former part of the alternative be true, then a legislative act contrary to the constitution is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power in its own nature illimitable.
Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the constitution is void.” ____ MARBURY v. MADISON, 5 U.S. 137 (1803)
Sharpton and his PROGRESSIVE DOMESTIC ENEMY CROWD (http://cpc.grijalva.house.gov/index.cfm?ContentID=166&ParentID=0&SectionID=4&SectionTree=4&lnk=b&ItemID=164) need to start obeying our written Constitution or receive some well deserved PUNISHMENT (http://www.imageenvision.com/illustration/1775-the-bostonians-paying-the-exciseman-or-tarring-and-feathering-by-jvpd)
JWK
"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law (1858)